Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | December 15, 2022
Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930 (the 2017 amendment).
Delaware Business Court Insider | Commentary
By Richard L. Renck | December 14, 2022
In the latest installment of a long-running dispute, Vice Chancellor J. Travis Laster recently issued a memorandum opinion denying a motion to dismiss and granting a partial motion for summary judgment in expedited proceedings pursuant to Section 225 of the Delaware General Corporation Law in Hawk Investment Holdings v. Stream TV Networks.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 7, 2022
In In re Cote D'Azur Estate, Vice Chancellor J. Travis Laster considered a motion for the issuance of a letter of request under the Hague Convention. In granting the motion, the vice chancellor addressed the requirements for issuing letters of request.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | November 16, 2022
This article offers a high-level snapshot of the current state of Caremark jurisprudence by highlighting three key takeaways from the 21 published trial court opinions addressing motions to dismiss Caremark claims issued post-Marchand.
New York Law Journal | Commentary
By Ryen Lim | November 14, 2022
States are divided as to whether these stocks, vested or unvested, constitute wages. While federal law prohibits employers from improperly withholding employee wages, it does not protect equity compensation.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Malcolm Bates | November 10, 2022
In In re Norrenberns Foods, Case No. 21-30825, (Bankr. S.D. Ill. July 8, 2022), the U.S. Bankruptcy Court for the Southern District of Illinois had occasion to rule on a creditor's objection to the sale of a debtor's assets.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 9, 2022
The distinction between legal and equitable fraud is not always clearly drawn, yet subject matter jurisdiction in the Delaware Court of Chancery can depend on it.
National Law Journal | Commentary
By Michael Ward, Matthew Baker and Julia Wu | November 7, 2022
In the case of data breaches, the obligation to disclose may well be clearly defined by statute. Any company under active investigation for a data breach should carefully consider its obligation to disclose additional security incidents to regulators.
Delaware Business Court Insider | Commentary
By Matthew J. Rifino | November 2, 2022
In Samuels v. CCUR Holdings, C.A. No. 2021-0358-PAF (Del. Ch. May 31, 2022), the Delaware Court of Chancery found that a shareholder may challenge the fair value of a payment for a fractional interest in a company under Section 155(2) of the Delaware General Corporation Law (DGCL).
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | October 27, 2022
In Windstream, the U.S. District Court for the Southern District of New York, on appeal, found that while certain business practices—a potentially false targeted advertising campaign—may be illegal, it did not follow that such actions were necessarily an attempt to exercise control of estate property.
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